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Apple, Google Settle Anti-Poaching Case With Engineers

Google Inc., Apple Inc., Intel Corp. and Adobe Systems Inc. have agreed to settle antitrust claims from a group of software engineers accusing the technology giants of agreeing not to hire each other's employees, the parties said Thursday.

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  • Insurers May Be On The Hook For More Sandy Damages

    Joseph D. Jean

    Johnson Gallagher Magliery LLC v. Charter Oak Fire Insurance Co. is an important decision because it is the first to examine the circumstances of the Bowling Green Network shutdown during Superstorm Sandy and the implications it may have on insurance coverage for policyholder business interruption losses. Most notably, it shows that insurers should not be able to completely avoid business interruption claims by asserting "flood" or "intentional acts" exclusions, say Joseph Jean and Amanda Freyre of Pillsbury Winthrop Shaw Pittman LLP.

  • Employee Handbooks Continue To Bring NLRB Scrutiny

    Cynthia K. Springer

    In the last few years, the National Labor Relations Board has dramatically increased its scrutiny of nonunion employee handbook policies, finding that several violate employees' rights under Section 7 of the National Labor Relations Act. Two recent decisions found several policies unlawful under the NLRA and found others lawful, distinguishing them from prior NLRB decisions in which seemingly similar language was deemed unlawful, say attorneys at Faegre Baker Daniels LLP.

  • EPA Shifts Focus In Fight To Deflate Methane Emissions

    James E. Smith

    In light of the ongoing North American energy boom, the U.S. Environmental Protection Agency's attention will now focus on emission sources not covered by hydraulic fracturing regulations on natural gas wells, especially oil wells, compressors and pneumatic devices. Moreover, if a relatively small number of high-emitting sources are responsible for the great majority of methane emissions then the EPA's attention will also focus on methods to improve leak detection, says James Smith of Porter Hedges LLP.

  • A Potential New Defense In Medical Malpractice Cases

    Lee D. Thibodeaux

    Generally, medical malpractice suits are fought on two fronts — breach of the standard of care and causation. Rarely do they hinge on the element of duty. However, in Methodist Hospital v. German, uncharted legal waters are being navigated in defining the difference between nursing and the medical practice, which has the potential to change the traditional handling of institutional cases, says Lee Thibodeaux of Norton Rose Fulbright.

  • A Stern Warning To CFPB On Supervising Practices

    Kathleen H. Dooley

    The Office of Inspector General's 40-page report on the Consumer Financial Protection Bureau's supervisory activities is just the latest in a series of audits that continue to plague the fairly young agency. The latest report highlights the uncertainty that plagues financial institutions from the CFPB's feedback on their compliance programs as well as the reputational risk they may face if they do not address the bureau's concerns with a sense of urgency, says Kathleen Dooley of McGuireWoods LLP.

  • What Next For The Detroit Institute Of Arts?

    Kevin P. Ray

    One of the highest-profile aspects of Detroit’s Chapter 9 case has been the intense discussion of the fate of the city-owned Detroit Institute of Arts. While much of the early debate played out in terms of “art versus pensions,” the dynamic of this public conversation has shifted, and the question of the DIA’s fate increasingly lies in a dispute over the value of its art (and how — in fact, whether and to what extent — that value may be unlocked), says Kevin Ray of Greenberg Traurig LLP.

  • Colo. Urban Renewal Bill Is Problematic

    Carolynne C. White

    Each of the main provisions of Colorado’s proposed Urban Redevelopment Fairness Act creates logistical and practical problems for municipalities and developers. The ambiguities created by the legislation will likely make it difficult to obtain bond opinions for public-private partnerships formed using tax-increment financing under the Colorado Urban Renewal Law, says Carolynne White of Brownstein Hyatt Farber Schreck LLP.

  • Some Early Indications From The 2014 Proxy Season

    William M. Kelly

    As the 2014 proxy season unfolds, hedge fund activists are increasingly borrowing the playbooks of traditional governance activists, and there is rampant speculation that large institutional investors are supporting these funds behind the scenes, sometimes feeding them ideas. Meanwhile, director tenure may be the next frontier in the efforts of governance advocates to influence board composition, say William Kelly and Ning Chiu of Davis Polk & Wardwell LLP.

  • History Of Alleged Financial Sector Collusion: Part 2

    Jon Eisenberg

    When billions or trillions of dollars of transactions are affected by the tiniest of changes in benchmarks, there might be temptation to move those benchmarks ever so slightly. However, the Nasdaq, municipal bond reinvestment, Libor and Forex charges of collusion show that the risk is greatest when detection is the most difficult, says Jon Eisenberg of K&L Gates LLP.

  • Limited Remedies For Concession-Contract Protesters

    Aron Beezley

    Two recent U.S. Court of Federal Claims decisions are noteworthy because they make plain that the jurisdictional basis for bid protests involving pure concession contracts is Section 1491(a)(1) of the Tucker Act, and not Section 1491(b)(1). This places significant limits on the potential remedies available to concession-contract protesters, says Aron Beezley of Bradley Arant Boult Cummings LLP.